Auto Insurance Claims: Re-Open a claim, liability, no driver license

Question
Around thanksgiving of 2009, i was visiting family member in New York. At that time i was living in Georgia. My boyfriend took my car to see his father and a lady ran into the side of my car. It was clearly her fault. My boyfriend not having any insurance or license, left the scene. I was picked up and taken to the scene. The police were rude and only wanted the info of the guy who left instead of info on the accident. I was told that there was nothing I could do since I wasn't driving. I made a claim but cancelled it because of what I was told. Now I was told that even though I wasn't driving, she still hit my car and her insurance still should pay. My car is still in New York in the impound. I am wondering if I am able to make another claim or is it too late and would it even be any use now?

Answer
Sorry for the delay, it was holiday madness.  It is not too late, file a claim and press the matter.  If you have your own insurance that is the better option, otherwise, get your car out of impound as fast as you can, it is accruing storage.  You can get the money back.  You may have to file a Small Claims suit, but it would be worth it.  The other person was negligent and that is what matters.  Sure your boyfriend made a bad decision for leaving the scene, but that does not make him at fault for the accident.  Whoever is at fault is who is responsible.  It would not matter if your car was being driven by a two year old, so long as the two year old was not negligent in the operation of the vehicle.  

You can find us at www.pettydetailsllc.com if you want to discuss further and in more detail.

I hope this helps!